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Approved Minutes - 2020-05-05 rrA CITY COUNCIL REGULAR MEETING C1 M MINUTES May 5, 2020 aREGO� 1. CALL TO ORDER Mayor Studebaker called the regular City Council meeting to order at 6:32 p.m. on May 5, 2020. The meeting took place virtually via Webex. 2. ROLL CALL Present: Mayor Studebaker and Councilors Kohlhoff, O'Neill, Nguyen, LaMotte, Wendland, and Manz Staff Present: Martha Bennett, City Manager; David Powell, City Attorney; Anne-Marie Simpson, City Recorder; Megan Phelan, Assistant City Manager; Jenny Slepian, Sustainability and Management Analyst; Stefan Broadus, Assistant City Engineer; Ivan Anderholm, Parks and Recreation Director; Scot Siegel, Planning and Building Services Director; Crystal Shum, Boones Ferry Road Project Manager; and Erica Rooney, City Engineer 3. CITIZEN COMMENT Comments submitted by Sondra Sinay, Richard Cook, Monica Evenson, and Edward Conrad were read into the record (Agenda Packet Item 3). • Richard Canaday, 17240 Cedar Road, Lake Oswego Sustainability Advisory Board (SAB) Mr. Canaday urged the Council to adopt Resolution 19- 55. The drafted plan is a living document and addresses the major issues to mitigate climate change. Governments at the local and state level are adopting Sustainability and Climate Action Plans (SCAP), as was the federal government. SAB believes adopting this plan will improve overall City operations as well as the quality of life for the City's residents. • Robert Sack, 208 Durham Street, Lake Oswego SAB Member Mr. Sack voiced his support for the adoption of the SCAP for the City of Lake Oswego. Many current and past board members had worked on the plan with Sustainability and Management Analyst Jenny Slepian. Their goal was to make the actions practical and specific to Lake Oswego, not just creating a document that would sit on a shelf. He reviewed the history of the Plan, which now covers a broad range of topics. The next step was implementation, which City Council Regular Meeting Minutes Page 1 of 7 May 5, 2020 falls to the Council, City staff, and the community at large. Mr. Sack asked the Council to take to heart the letter of support from the Lake Oswego High School students contained in the plan. He opined that the pandemic may be a preview of the kind of international consequences that climate change would bring. Any reservations he may have about the plan would be that it is too modest. 4. PUBLIC HEARING 4.1 Ordinance 2848, An Ordinance of the Lake Oswego City Council Amending Article 11.02 of the Lake Oswego Code, to Allow for the November 3, 2020 Election, Declarations of Candidacy Instead of Nominating Petitions for City Council Positions Mr. Powell outlined the sequence for the public hearing. He declared a potential conflict of interest on behalf of Councilors Kohlhoff, LaMotte, Nguyen, and Wendland because a financial benefit or detriment could go to the aforementioned Councilors should the ordinance be enacted. This did not preclude them from hearing and voting on the matter. Mr. Powell presented the Council Report. Currently, Lake Oswego Code requires 20 signatures on a nominating petition for an individual to be on the ballot for any City-elected position. With the advised social-distancing, it was suggested to have a one-time only alternative for collecting signatures for the November 3, 2020 ballot. Six of twelve cities in the Metro area provide for this option. Staff recommended one change to the text of the ordinance. In Section 1, it says "A declaration would be on a forum prescribed by the Secretary of State, which will also be available at the Office of the City Recorder." The suggested change is "As provided by the City Recorder." Staff would then bring the ordinance back to the Council on May 12, 2020 for final adoption. The recommended motion would be to "tentatively approve Ordinance 2848, and ask staff to bring it back to the Council on May 12, 2020, with an amendment to add the language that is on the form provided by the City Recorder. There were no requests to provide testimony for this public hearing. Mayor Studebaker closed the public hearing. There was no deliberation among the Councilors. Councilor Kohlhoff moved to tentatively approve Ordinance 2848 and direct staff to bring it back to the Council on May 12, 2020, with an amendment to add the language that is on the form provided by the City Recorder. The motion died for lack of a second. 5. COUNCIL BUSINESS 5.1 Resolution 19-55, A Resolution of the City Council of the City of Lake Oswego Adopting the Sustainability and Climate Action Plan for Lake Oswego Ms. Slepian presented the updated staff report. Changes made following the study session include: the inclusion of a financial projection for each one of the actions by annual cost-category; the clarification of the eligible electric vehicle (EV)fleet goals (analysis of new vehicle purchase); the reorganization of the implementation schedule; the greenhouse gas emissions inventory implementation (following Clackamas County's analysis at the end of June); and the outline of the annual review process, in order to have a focus plan for the following year. City Council Regular Meeting Minutes Page 2 of 7 May 5, 2020 Mayor Studebaker noted this was a plan rather than a mandate. Ms. Bennett clarified that Council Goals stated that staff would implement the parts of the plan that pertained to City operations. The gasoline-powered lawn equipment would apply to City-owned equipment, and further implementation would need additional action taken by the Council. The City would begin to implement the fleet goals according to this plan, rather than the current practice. Councilor O'Neill suggested setting solar energy as a goal and top priority. Using solar for public buildings would make Oregon a leader nationwide. Councilor Wendland asked about the sequence of the Plan's contents, specifically asking why the letter from a high school environmental club came first in the document. He lauded the effort as good commentary from the club, but he opined that from a policy standpoint it was out of place. He would support the Plan if the letter was included as an appendix. Ms. Slepian said the letter, along with the letter from the Sustainability Advisory Board (SAB), was included because it was written in part by the two SAB youth members. It was deemed important to put it up front because the Plan benefitted future generations. She would move both letters to the appendix. Councilor Wendland agreed with this approach, as the letters were not a part of the policy adopted by the City Council. Councilor LaMotte asked a series of clarifying questions. Following explanation and discussion, Ms. Slepian indicated revisions would appear in the final draft of the plan. Councilor Wendland moved to pass resolution 19-55 to adopt the Sustainability and Climate Action Plan with suggested corrections and moving the letters from the front of the plan to the appendix. Councilor O'Neill seconded the motion. Councilor Kohlhoff did not want to see the letters moved to the appendix. She that staff consider equity impacts during the annual Plan review and wanted to see future updates of the Plan address transit issues. A roll call vote was held and the motion passed with Mayor Studebaker and Councilors Kohlhoff, O'Neill, Nguyen, LaMotte, Wendland, and Manz voting 'aye.' (7-0) 5.2 2020 Wastewater Collection System Rehabilitation Project (WO 277) Mr. Broadus said that the Wastewater Rehabilitation project was an aggregate of approximately 15 sites throughout the City. The project consisted of two phases. The first included areas that would be paved later this summer. The second phase included those not requiring paving, but which still need to be repaired. The project was advertised for bid on March 30, 2020; three bids were received. The low bid came from Moore Excavation, Inc., in the amount of just over $1.3 million, which was in line with the engineer's estimate. Construction would begin in the next few weeks and overall completion will occur before the end of the year. Councilor Wendland moved to award a public improvement contract with Moore Excavation, Inc. for construction of the 2020 Wastewater Collection System Rehabilitation Project, Work Order 277, in the amount of$1,309,035.50. Mayor Studebaker seconded the motion. A roll call vote was held and the motion passed with Mayor Studebaker and Councilors Kohlhoff, O'Neill, Nguyen, LaMotte, Wendland, and Manz voting 'aye.' (7-0) City Council Regular Meeting Minutes Page 3 of 7 May 5, 2020 5.3 COVID-19 Business Assistance Services by the Lake Oswego Chamber of Commerce Mr. Siegel explained that the proposal before the Council was a request to authorize the City Manager to enter into an agreement with the Lake Oswego Chamber of Commerce (the Chamber), to provide business assistance in response to the COVID-19 crisis. In April, a Business Assistance Plan was proposed to the City Council. To date several elements of the Plan had been implemented. Because the City does not have the expertise or resources to provide business networking and one-on-one business counseling, this component of the plan is proposed to be addressed in an agreement with the Lake Oswego Chamber of Commerce. City staff and Chamber Executive Director Liz Hartman developed a scope of work to be implemented over the next ten to twelve months. He detailed the program elements, fee, and schedule (Attachment 1 to the Council Report). In response to Mayor Studebaker's question about timing, Mr. Siegel explained that the work would extend from the spring of 2020 into the winter of 2021. Mayor Studebaker then asked if there was a prepared metrics to determine whether the job was being done. Mr. Siegel confirmed that they there would be actionable measures stemming from the "Rapid Response" meetings, and the success of the Listserve would be measured by the number of emails sent. Councilor Kohlhoff referred to a letter received from a citizen who was dissatisfied with the Council enlisting the Chamber with the agreement. She believed the price to be reasonable and that the Chamber would do a good job counselling businesses. She supported the agreement. Councilor Wendland concurred and looked forward to having the City, Chamber, and other organizations working together for businesses and citizens. He believed it was money well-spent. Councilor LaMotte moved to direct the City Manager to enter into an agreement with the Lake Oswego Chamber of Commerce for Business Assistance. Councilor Wendland seconded the motion. A roll call vote was held and the motion passed with Mayor Studebaker and Councilors Kohlhoff, O'Neill, Nguyen, LaMotte, Wendland, and Manz voting `aye.' (7-0) 5.4 Council Briefing on Community and City Issues During the City's Declared State of Emergency Ms. Bennett reviewed changes made at the State level since their last meeting. The Governor had lifted the ban on non-emergency medical services, indicating there was sufficient Personal Protection Equipment (PPE) in the state. Details regarding testing and contact-tracing requirements had been issued. Phase I may begin starting on May 15 in counties having five or fewer cases of COVID-19 since the start of the pandemic; at this time, only 8 of Oregon's 36 counties fall in this category. The Governor did not specify when western Oregon would re- open. Many requests for change of the City by its residents are prohibited due to the Governor's "Stay at Home" order. The State has begun to circulate the Phase I guidelines for the five industries that will be affected by the very limited re-opening. These guidelines were circulated to the Chamber for their input and then sent back to the State. Outdoor recreation guidelines City Council Regular Meeting Minutes Page 4 of 7 May 5, 2020 were focused on State parks, rather than on urban parks. The cap on gatherings is to ten people in Phase I, so this would affect many outdoor activities. Councilor LaMotte asked for clarification regarding the start of Phase I. Ms. Bennett believed it would be sometime after Memorial Day. Mayor Studebaker acknowledged everyone's frustration in the absence of concrete details. Mr. Anderholm announced that some restrictions had been lifted from the Community Garden, but not for citizens wanting to use the trails. The Municipal Golf Course opened yesterday, and golfers are being served through a window in the clubhouse. Staff observed that everyone followed social distancing as requested. Eight park restrooms have opened and drinking fountains have been turned back on. Looking at next week and the week following, staff will explore options for allowing access to dog parks and possibly to Hazelia Field. He and colleagues from the surrounding Metro area have sought clarification from the Governor's office regarding athletic fields. The City needs to look at how they will allow for parking. He and his staff remain in close contact with surrounding cities and their plans for re-opening similar facilities. Councilor Wendland suggested opening the dog parks and the parking lots tomorrow; knowing this was not possible. He agrees with opening at the same time as the other cities, while being proactive in helping citizens with access to amenities. Councilor LaMotte believed people would self-regulate, and that signage would help. Councilor Manz opined that most parking lots should be opened, and asked when parks may open. Mr.Anderholm replied that Tryon Creek was open for day-use and named the State parks that were currently open. The State works with local jurisdictions to determine the best way to re-open. Councilor O'Neill agreed with the recommendations to open the parking lots, as most people are just parking in the neighborhoods and across the street and from the parks and opening the lots would make it safer for the citizens. Ms. Bennett stated that the Governor's Order included monitoring and breaking up large groups, which would require sending staff to the parks. Staff is trying to find the balance between maintaining social distancing and re-opening. Mayor Studebaker indicated that most of the citizens of Lake Oswego have been very respectful of their obligations. Ms. Bennett acknowledged that most have been, but the problem lies with those who have not. Councilor LaMotte opined that with the police officers, the park ranger and one or two staff floating around town, it could be managed. Ms. Bennett replied that is already being done, but they are receiving complaints from those who feel they are being reprimanded too much. Councilor Manz thanked Ms. Bennett for bringing up the parks ambassadors, as they play an important role. Councilor LaMotte offered the assistance of all the City Councilors to help monitor the parks. 6. STUDY SESSION 6.1 Boones Ferry Road Project Update Ms. Shum stated that the contractor has had the ability to continue working through the COVID- 19 shutdown, and had been taking advantage of the quiet streets. She shared a slide presentation of the work done to date. She described the difficulty the contractor had with the City Council Regular Meeting Minutes Page 5 of 7 May 5, 2020 installation of the underground utility conduit banks due to existing water, gas, and sewer lines, as well as tree stumps and roots. She recommended that no trees be planted on the west side of the road in the future, as the lines and conduits would remain in the area. Eleven walls would receive stone treatment where they face the roadway, and repaving has begun from Firwood Road heading south. Once the aerial lines are removed, the poles will come down. Transformers are now below ground. Sidewalks have been poured from Madrona Street to the Shell station; curbs and gutters have been poured in several areas. Temporary signals will be installed at Bryant Road and Firwood Road in a couple of weeks, in order to shift signal-heads over to align with traffic. Ms. Shum described the work staff had done with the businesses in the corridor, which included a monthly raffle to entice patrons to the Lake Grove businesses. Signage directed motorists to the entrances of the businesses. The project will be complete by December, 2021. She described estimated future project costs of approximately $17.3 million. She announced that approximately 20 students from Lakeridge Middle School participated in "Engineering Day," where they were taught about engineering and construction and given a tour of the project site and equipment. In response to Councilor Manz' question about the durability of the PGE pipe, Ms. Shum replied that as long as the pipe was underground, the life-cycle was practically infinite. Councilor Manz was glad to see that the City was installing underground wires. Councilor Wendland inquired whether the project was on budget and on schedule. Ms. Shum confirmed the project was on schedule for the December 2021 completion, and understood it was within projected overall costs. The contingency monies have not been used at this time, but that could change as the project was only one-third complete. Councilor Wendland asked if all contracts had been awarded and whether they may see reduced pricing due to COVID-19. Ms. Shum responded that she did not believe they would see reduced pricing because of the six-foot distancing requirements, the use of PPE, and the additional work vehicles being used. She indicated that the contracts were fully executed for the completion of the projects. 7. INFORMATION FROM COUNCIL There was nothing shared by councilors. 8. REPORTS OF OFFICERS No reports were made. 9. ADJOURNMENT Mayor Studebaker adjourned the meeting at 8:32 p.m. City Council Regular Meeting Minutes Page 6 of 7 May 5, 2020 Respectfully submitted, Anne-Marie Simpson, City Recorder Approved by the City Council on July 7, 2020 Kent Studebaker, Mayor City Council Regular Meeting Minutes Page 7 of 7 May 5, 2020